Is There a Waiting Period for Divorce in New Jersey?

Whether you’ve known for some time that your marriage was not going to last or something occured which pushed you to consider divorce, this is an incredibly complicated legal process. Unforutnately, you may be so determined to file for divorce and end your marriage that you fail to consider whether or not New Jersey imposes a waiting period before a couple can be legally divorced. If you’re unsure what the law in New Jersey is surrounding this issue, you’ll want to keep reading. The following blog explores what you should know abou ta waiting period and the importance of working with a Morris County divorce laywer to help you through these difficult matters.

Does New Jersey Impose a Waiting Period for Divorce?

First and foremost, it’s imperative to understand that before you can file for a divorce in New Jersey, you must meet the residency requirements. Generally, all states have laws surrounding how long a couple must reside in the state before they can file for divorce using the state’s laws for divorce. In New Jersey, you or your spouse must be a resident of the state for at least one year before you are eligible to get a divorce in the state.

Additionally, most divorces in New Jersey are filed on the grounds of irreconcilable differences. Essentially, this just means that your marriage has broken down, and as a result, you are no longer happy in the marriage. You do not need to prove fault by either person in order to obtain a divorce. However, the breakdown of the marriage must have occurred for at least six months before filing. As such, if you have not been married for six full months, you will be unable to pursue a divorce. However, if you have been married for three years, you are eligible to file immediately.

You should note that if you do wish to file on the grounds of wrongdoing by your spouse, there may be an associated waiting period based on the reason you are citing for the divorce. For example, if you want to file because your spouse has abandoned you, this period must be at least one year. However, you can file a no-fault divorce sooner.

What Steps Must I Take if I Want to File?

If you are ready and eligible to file for divorce in New Jersey, it’s important to understand the steps you must take during this process. Generally, the first step in this process is to file a petition for dissolution of marriage. This is used to inform the court that you want a divorce, on what grounds you are filing, and what relief you are seeking as part of this process. In family law, relief describes matters like alimony, child support, and property distribution, among other things.

Once you have filed your petition with the court, you must have someone serve your spouse with a copy of the divorce petition, as well as a summons. This summons essentially informs them of the next steps in this process, such as issuing a response. Typically, your spouse will have 3o days to submit a response. If they do not send anything by then, the judge may order a default judgment, essentially giving you everything you requested in the petition.

Filing for divorce can be an overhelming and complex time, full of emotional, legal, and financial issues. As such, it is imperative to consider reachinbg our ot an expeirend attorney with Haber Silver Russonielleo & Dunn to assist you through these difficult matters. When you need help, our firm is here. Contact us today to learn how we will fight for you.